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2020 (3) TMI 1218 - HC - CustomsSeeking quashing FIR - foreign made liquor and beer - Offence punishable under Sections 175, 176 and 186 of the Indian Penal Code, 1860 - it is alleged that the present applicants though were demanded to furnish the document, record, pass permit regarding foreign made liquor and beer, they did not give the same and also obstructed the investigation - HELD THAT:- since the bonded warehouse was situated within the territorial jurisdiction of the Customs Department and the Central Government, without obtaining prior permission of the Customs Department or the Central Government, the police has no authority to seal or to carry out any search & seizure procedure. If any offence is found to be committed, at the most, the police can request for the same to the Department or to the Central Government. The police has no authority to carry out any search operation which is beyond their jurisdiction. The police was not authorized to file such complaint or proceedings against the present applicants who are high ranked officials of the Customs Department. In view of clear provisions of Section 155 of the Act also, no proceedings could be allowed against the applicants. On that count also, the complaint deserves to be quashed. There appears no iota of evidence or material to prosecute the present applicant in connection with the impugned F. I. R. Hence, this application is allowed.
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